Carney Hospital Transitional Care Unit v. Leavitt

MEMORANDUM OPINION

ROYCE C. LAMBERTH, District Judge.

Now before the Court comes defendant Michael 0. Leavitt’s motion [11] to dismiss. Upon full consideration of the motion, plaintiffs opposition, the reply, the entire record herein, and applicable law, the Court GRANTED defendant’s motion in an Order [16] dated March 31, 2008. The reasons for the Court’s Order are set forth below.

I. BACKGROUND

Plaintiff Carney Hospital Transitional Care Unit (“Carney TCU”) is a hospital-based skilled nursing facility (“SNF”) located on the campus of Carney Hospital in Boston, Massachusetts. (See Compl. ¶ 1.)…